Kestler v. Goffredi

Appellate Terms of the Supreme Court of New York

Kestler v. Goffredi

11 Misc. 2d 871, 172 N.Y.S.2d 629, 1958 N.Y. Misc. LEXIS 3908

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 6, 1958

StatusPublished

This text of 11 Misc. 2d 871 (Kestler v. Goffredi) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kestler v. Goffredi, 11 Misc. 2d 871, 172 N.Y.S.2d 629, 1958 N.Y. Misc. LEXIS 3908 (N.Y. Ct. App. 1958).

Pincite

Opinion

Per Curiam.

Plaintiff, by moving for a directed verdict, did not waive his right to have the jury determine issues of fact, notwithstanding that the defendant had also moved for a directed verdict and neither party reserved his right to go to the [872]*872jury. (Civ. Prac. Act, § 457-a; McTiernan v. City of Little Falls, 284 App. Div. 79; Karlin v. Stuyvesant Press Corp., 146 N. Y. S. 2d 294.)

The judgment and order should be reversed and a new trial ordered, with $30 costs.

Hecht, J. P., Aurelio and Tilzer, JJ., concur.

Judgment and order reversed, etc.

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